STREET RIGHTS NSW STREET RIGHTS NSW STREET RIGHTS NSW Acknowledgements To contact HPLS Special thanks to the PILCH members that provide lawyers for the clincs: Allens Arthur Robinson, Baker EDITION 22, February 2012 Visit one of the HPLS Clinics. & McKenzie, Corrs Chambers Westgarth, Dibbs Barker, Gilbert + Tobin, Henry Davis York, HWL Ebsworth, Legal Phone: (02) 8898 6545 Aid NSW, Minter Ellison, Norton Rose and Thomsons New Clinic at WISH hub Lawyers. E-mail: [email protected] HPLS is very pleased to announce that in 2012, we And to the host welfare agencies: Edward Eagar will be offering legal advice at the monthly WISH For an electronic copy of this newsletter Lodge, Matthew Talbot Hostel, Newtown Mission and send an e-mail to the above address. ( Integrated Services Hub). Newtown Neighbourhood Centre, Norman Andrews I got some Let‛s head House, Mission, The Station Ltd, Salvation The Woolloomooloo Integrated Services Hub (WISH) legal stuff hanging to the Hub then, Army Street Level,Vincentian House, Wayside Chapel, over me. mate Women’s and Girls’ Emergency Centre. is a one-stop-shop providing direct services to people in Woolloomooloo to assist them to exit homelessness. Contributors to this edition of PIAC acknowledges the funding support that makes StreetRights NSW this service possible, which is received from the NSW WISH is co-ordinated by the City of Council Attorney General, through the Public Purpose Fund. and is held once a month on a Friday at the Mary Anastasia Coroneo, Chris Hartley and Lou Schetzer STREETRIGHTS NSW is produced by the Public Interest Cartoons: Ross Carnsew; Layout: Karen Kwok Advocacy Centre Ltd. McDonald Centre in Tom Uren Square, corner of Bourke and Cathedral Streets, Woolloomooloo. ISSN 1834-4496 (Print) ISSN 1834-450X (Online) Doors open from 9.30am and a barbecue lunch is THE HPLS CLINICS provided.

Day (weekly) Time Location The upcoming dates for the WISH in 2012 are: • 10 February 2012 The Station Ltd Monday 10:00 am – 12:00 noon • 16 March 2012 82 Erskine Street, Sydney • 20 April 2012 • Commonwealth Ombudsman Wayside Chapel • Homeless Persons Information Centre Monday 10:00 am – 12:00 noon The WISH brings approximately 13 services 29 Hughes Street, Potts Point together with remote-access to their office computer • Max Employment • Matthew Talbot Hostel systems to help people sort out their matters directly. Tuesday 11:00 am – 1:00 pm • St Vincent’s Hospital 22 Talbot Lane, Woolloomooloo The services include: • TAFE • Housing NSW Norman Andrews House • Way2Home Tuesday 12:30 pm – 1:30 pm • Centrelink 77 Roscoe Street, Bondi (Monthy) • The Big Issue • Medicare Parramatta Mission HPLS is grateful to the law firm Corrs Chambers Wednesday 11:30 am – 1:00 pm • Homeless Persons Legal Service (HPLS) 119 Macquarie Street, Parramatta • Attorney Generals Westgarth, who will be staffing the HPLS WISH clinic with their lawyers on a volunteer basis. Salvation Army Streetlevel Wednesday 12:30 pm – 2:00 pm Derby Lane (off Albion St), Surry Hills How HPLS can help people in housing crisis Vincentian House (by appointment only) Thursday 12:00 pm – 2:00 pm A family in crisis came to HPLS in the early new year. Housing NSW had told them that their 28 361 Crown Street, Surry Hills days of temporary accommodation was up. They had nowhere else to go. No welfare agency in Edward Eagar Lodge Sydney had room to accommodate them both. The prospect of being separated and put into crisis Thursday 1:00 pm – 3:00 pm 348a Bourke Street, Darlinghurst accommodation was grim. A series of calls by the HPLS to Housing NSW found that they in fact had 3 days of temporary accommodation left. HPLS then wrote to Housing NSW for a special extension of Women’s & Girls’ Emergency Centre Friday 11:30 pm - 1:30 pm time, which granted them a further 3 days to sort some things out. Small gains, but if it were not for 361 Riley Street, Surry Hills some agitation by HPLS, the family would have been on the street that night. Newtown Mission Friday 1:30 pm – 2:30 pm 280a King Street, Newtown ’ Free Legal Help for the homeless and those at risk of homelessness. Homeless Persons HPLS is a joint initiative of the Public Interest Advocacy Centre Ltd (PIAC) Legal Service and the Public Interest law Clearing House Inc (PILCH). STREET RIGHTS NSW STREET RIGHTS NSW STREET RIGHTS NSW STREET RIGHTS NSW

Policy News Policy News

Protocol for People in Public Places many examples of the Protocol not being followed, Sydney Harbour Foreshore Authority, Sydney encourage greater use of non-custodial and community- particularly in the outer urban areas. Olympic Park Authority, Aboriginal Affairs NSW. based sentences as a viable alternative to prison. The Protocol for Homeless People in Public It is hoped that all the NSW Local Government Places was introduced in 2000 prior to the Sydney The Homeless Persons Legal Service and Street Care Councils will also become signatories to the His comments followed the recent release of Olympics. It is a guide to how government have recommended: Protocol. a Background Report by the NSW Sentencing authorities should interact with homeless people Council reviewing the use of suspended sentences in public places. The Protocol states that it was 1. That the powers of signatory authorities be stated PIAC submission for people not to be in NSW. The report makes significant reference to clearly and concisely to avoid negative arbitrary introduced to help ensure that homeless people are discriminated against on the basis of the submission provided by the Homeless Persons’ discretion or abuse by individual officers; treated appropriately and receive services if they homelessness or domestic violence Legal Service which highlighted that for offenders need, or request them. Basically, the Protocol states 2. A greater emphasis on authorities actually who are homeless, with a history of alcohol or that a homeless person should be left alone unless The Australian Government has decided to following through with supported care and drug abuse, mental illness, or chronic disability, they request or need assistance or their behaviour consolidate federal anti-discrimination laws referrals; community service orders, intensive correction warrants intervention for public safety or security. into a single, comprehensive law, and is seeking orders and home detention, are often not available. 3. That monitoring and future review of the community views on this until 1 February 2012. A suspended sentence is often the only sentencing The Protocol is currently under review. The review Protocol should involve people who have had alternative to a full-time custodial sentence for a is being co-ordinated by Housing NSW. The consolidation project aims to reduce complexity experience with homelessness; person who is homeless. The abolition of suspended and inconsistency in regulation; ensure simple, cost- The Homeless Persons Legal Service has been sentences would place homeless people at an even 4. That homeless people be made aware of their effective mechanisms for resolving discrimination working with the Housing NSW Consumer higher risk of going to jail. rights under the Protocol; complaints; and clarify and enhance protections. Advisory Committee (CAC), which is also known as The HPLS believes that additional intermediate PIAC is making a submission to Government StreetCare, in the review process. 5. Greater enforceability of the protocol, in sentencing orders should be available for people who and is recommending, amongst other things, that particular a specific complaint mechanism in are homeless, have a mental illness or have drug/ Street Care has expressed its disappointment about homelessness be added as a protected attribute cases where it has not been followed. alcohol dependency. These orders need to be flexible not having been involved at an earlier stage of the under the new legislation. This would mean, for as to the amount of supervision and treatment, and Review. Being a representative group for people Current signatories to the Protocol include Housing example, that a person who is homeless cannot the capabilities and needs of offenders. The orders who have experienced homelessness with direct NSW, NSW Police, Community Services, Office of have their employment terminated for that reason. also need to be accompanied by appropriate support links to that community, they can be give a voice Environment and Heritage (who have responsibility The PIAC submission is also recommending that services. for what aspects of the Protocol are working, and for National Parks and the Royal Botanic Gardens), domestic violence be added as a protected attribute what needs greater attention. Street Care has NSW Health, Rail Corp, State Transit Authority, so that people cannot be discriminated against (eg in The Sentencing Council report has agreed with the the workplace) on the basis that they are suffering HPLS submission that current provisions relating Farewell Sarah Bartley domestic violence. to breaches of suspended sentences operate in a manner which places homeless people at a higher In late 2011, PIAC was saddened to learn of the passing of Sarah Bartley, one of the founding NSW Attorney-General wants more use risk of being sentenced to a full-time prison sentence members of Street Care. of community-based sentences as an than others in the community. HPLS has stated that alternative to jail there is a need to expand diversionary programs Sarah was foundational in establishing Street Care and was known for her home made cakes The NSW Attorney-General Greg Smith has recently and sentencing options in respect of breaches of that she would make whenever a member wof Street Care had their birthday. She also loved described jails as a “university of crime” and wants to suspended sentences. to laugh and often snuck her faithful companion, Snoopy the puppy into meetings (or when she was travelling in taxis) in her handbag. Sarah was a passionate and persistent advocate for the rights of people experiencing homelessness and she had a particular concern Problems with Housing NSW? for those whom had been in prison. As a Street Care representative, Sarah worked on the National Human Rights Consultation and We would like to hear about your experiences with Housing NSW. helped set-up the Street Care Hunter Group. We have an ongoing policy project aimed to improve Housing NSW policies and procedures for people accessing their services. Please call 02 8898 6500. Sarah will be dearly missed by her friends at PIAC and Street Care.